Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
I believe Noem may have Ahmm, Fornicated the canine (Original Post) flotsam Jun 2021 OP
I don't understand what the link is getting at. nt Trueblue Texan Jun 2021 #1
I am sorry flotsam Jun 2021 #3
A governor has limited authority to mobilize National Guard troops The Polack MSgt Jun 2021 #4
I hope the ASPCA gets on this right away! Enter stage left Jun 2021 #2
K&R for the post and the discussion. crickets Jun 2021 #5
I guess any idiot can be a governor nowadays, huh? rickyhall Jun 2021 #6
Don't these morons have lawyers? belpejic Jun 2021 #7

flotsam

(3,268 posts)
3. I am sorry
Wed Jun 30, 2021, 08:17 PM
Jun 2021

when I first hit this site there were 2 tables that somehow disappeared but basically under title 10 the president directs you where you will serve. Under title 32 the governor can activate you but only in your state. Also

Natural disasters, such as Hurricane Sandy, raise questions concerning the President’s legal
authority to send active duty military forces into a disaster area and the permissible functions the
military can perform to protect life and property and maintain order. The Stafford Act authorizes
the use of the military for disaster relief operations at the request of the state governor, but it does
not authorize the use of the military to perform law enforcement functions, which is ordinarily
prohibited by the Posse Comitatus Act. However, the President may invoke other authorities to
use federal troops to aid in the execution of the law, including the Insurrection Act. This report
summarizes the possible constitutional and statutory authorities and constraints relevant to the use
of armed forces, including National Guard units in federal service, to provide assistance to states
when a natural disaster impedes the operation of state and local police.

Unless the President authorizes Posse Comitatus applies:
https://fas.org/sgp/crs/natsec/RS22266.pdf

The Polack MSgt

(13,192 posts)
4. A governor has limited authority to mobilize National Guard troops
Wed Jun 30, 2021, 08:19 PM
Jun 2021

Without approval from the President. That authority is one of the main benefits a State gets from a Declaration of Emergency...

So the article explains the 2 ways National Guard units are authorized to activate and conduct missions.

They can't be activated and sent on a "Mission" outside of their home state without legal authority.

Each of the Soldiers and Airmen serving in the Guard is entitled to pay and benefits - including accruing Time in Service/Time in Grade point when they are activated. Survivor benefits in case the worst comes to pass. Access to VA care if needed.

Without the Commander in Chief's authorization they are not allowed to operate as an official unit except for a limited time on the Governor's orders in state and paid for with State money.

A governor can't just use the Guard as a personal task force and get a billionaire to foot the bill.

belpejic

(720 posts)
7. Don't these morons have lawyers?
Wed Jun 30, 2021, 08:37 PM
Jun 2021

Maybe their lawyers are also morons? Or maybe they just don't listen to their lawyers?

Latest Discussions»General Discussion»I believe Noem may have A...